negligent homicide

A Utah man was arrested for homicide after causing a fatal accident while driving the wrong way down a freeway in Arizona.

Wrong way driver

Photo by: Bradley Gordon

49 year old Dana Michael Cavanaugh of Washington, Utah was headed east down the westbound lanes of Interstate 10 near Quartzsite, Arizona when he collided head on with another vehicle. All three passengers in the westbound vehicle were killed. The accident occurred in close proximity to the off ramp for exit 31, and it is reported that Cavanaugh had just entered the freeway from that off ramp when the accident occurred. It still isn’t known if Cavanaugh was under the influence of drugs or alcohol or whether he mistakenly entered the freeway on what he possibly thought was an on ramp. Cavanaugh was booked into La Paz County Jail on homicide and endangerment charges awaiting results from toxicology reports.

Homicide with a vehicle

Cavanaugh will be facing his charges in Arizona courts however had the accident occurred in Utah, the charges would depend on the results of the wrong way driver’s toxicology report as well as proof of negligence or distraction. If a driver responsible for the death of another person was under the influence of drugs or alcohol and found to be criminally negligent, he could be charged with automobile homicide, a second degree felony according to Utah Code 76-5-207. If the cause of the fatal accident was due to using a handheld device, the charges could be the same under a different section (76-5-207.5). If the driver was not impaired but was determined to have been driving recklessly, the resulting charges could be manslaughter, also a second degree felony (76-5-205).

No impairment

Not all accidents are due to a serious impairment or intentional or reckless mistake by the driver. Some accidents are sadly just accidents. If the driver responsible for a fatal accident was not found to be impaired or distracted and caused the accident maybe due to unfamiliarity with the roads or inability or confusion with understanding the signs, they could then face lesser charges of negligent homicide, a class A misdemeanor as stated by section 76-5-206. For legal assistance in ensuring fair charges related to vehicular homicide, contact a criminal defense attorney.

Utah Police are searching for the driver who left the scene of a deadly hit and run accident that occurred over the weekend in St. George.

Deadly hit and run

Photo by: Tony Webster

On Saturday evening sometime between 5 and 8pm, a Utah driver struck a woman walking along Dixie Drive in St. George, just south of a busy intersection. The driver then left the scene and the woman’s body was found later by other pedestrians walking by. The victim was identified by her daughters as 53 year old Bettina Abraham. It has not been announced if Abraham was killed instantly or died alone on the side of the road after being hit.

Plea via social media

In a live video cast from the St. George Police Department, a department spokeswoman pleaded with the public to come forward with any information related to events that evening or vehicles that may have been involved. They even beseeched the person responsible to contact them to let the victim’s family receive closure and allow things to “move forward”.

Causes and consequences of deadly accidents

When someone takes the life of another with their vehicle, they may or may not face criminal charges depending upon the circumstances:

• If it is found that the driver was not at fault when the deadly accident occurred, no citations would be given.

• If the driver made an error in driving that resulted in “the death of another” but that didn’t amount to being reckless or negligent, they may be charged with negligent homicide as stated in Utah Code 76-5-206, a class A misdemeanor.

Photo by: Chris Yarzab

• If a person is driving their vehicle recklessly such as through speeding, weaving in and out of traffic, etc. and causes a deadly accident, they may face second degree manslaughter as stated in Utah Code 76-5-205.

• If the driver was using what Utah Code 76-5-207.5 describes as a “handheld wireless communication device” when the accident occurred, they may face third or second degree felonies, depending on whether or not they were also driving in a criminally negligent manner.

• If the driver was “operat[ing] a motor vehicle in a negligent manner” and “is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug” they may be charged with automobile homicide, a third degree felony. If they were found to be driving in a “criminally negligent manner”, it would then be increased to a second degree felony.

Leaving the scene of an accident

Whether or not the driver was completely innocent when the deadly accident occurred or if they were acting in a criminal manner or under the influence of alcohol or drugs, if the driver flees the scene, they will face felony charges. Utah Code 41-6a-401.5 states, The operator of a vehicle who has reason to believe that the operator may have been involved in an accident resulting in the death of a person shall: immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than in necessary; and remain at the scene of the accident until the operator has [given driver information, rendered aid to the other person, and contacted authorities]”.

Reasons to flea

There have been many public assumptions as to why the driver chose not to stop after striking Bettina Abraham with their vehicle. Some in the community claim the driver was texting, high, drunk, or maybe not a legal driver. Others guess the driver may have been scared or distraught and fled the scene out of emotional distress over what they had done. Whatever the reason, the driver should back themselves with a reputable attorney and turn themselves into the police immediately.